How Long Do You Have to File a Car Accident Claim in Indiana?

You were just in a crash. You’re banged up, the car’s totaled, and bills are stacking up.

Then it hits you, how much time do you even have to file a claim?

If you’re asking this now, you’re not alone. Way too many people in Indiana miss out on money they’re owed because they waited too long. And once that clock runs out, your claim is dead. Doesn’t matter how injured you are or how obvious the other driver’s fault was.

This post will break it down fast and clear. No fluff. Just the facts that could protect your right to get paid.

 

What Is the Statute of Limitations?

The statute of limitations is a legal timer.

It’s how long you’ve got to file a lawsuit after something bad happens. For car accidents in Indiana, that means how long you can sue for damages — medical bills, lost wages, pain, and anything else tied to the wreck.

There’s a hard deadline.

Miss it, and the court won’t even look at your case. It gets thrown out automatically.

 

Indiana Statute of Limitations for Car Accidents

Let’s keep it simple.

You have 2 years from the date of the car accident to file your lawsuit in Indiana.

This applies to both:

• Personal injury claims (bodily harm, whiplash, trauma)
  
• Property damage claims (wrecked car, belongings)
  

That timer starts ticking the day the crash happens.

Doesn’t matter if you’re still waiting on your insurance settlement. If two years pass without filing in court, you’re done.

Indiana Code § 34-11-2-4 locks it in.

So, write the date of your accident down and treat it like your legal deadline. Even one day late means no lawsuit.

 

Major Exceptions to the 2-Year Rule

There are a few curveballs that can change the deadline. Here’s where it gets real:

1. Injured Minors

If the person hurt in the crash is under 18, the 2-year clock doesn’t start until their 18th birthday. So, they’d have until age 20 to file.

Still, parents can file sooner on the child’s behalf to avoid losing important evidence.

2. Government Involvement

If your crash involved a city vehicle, police car, school bus, or other government entity — the game changes.

You must file a Tort Claim Notice within 180 days of the crash. That’s barely 6 months.

You miss that, you lose the right to sue the city or state.

3. Hit-and-Run or Unknown Driver

If you don’t know who hit you, maybe they fled the scene, your time limit might get paused briefly. But don’t bet on it.

You still need to act fast and report it to police and your insurance. File an uninsured motorist claim as soon as possible.

Want to know more? Check out What Happens If the At-Fault Driver Has No Insurance in Indiana

 

What Happens If You Miss the Deadline?

Let’s be blunt.

• Your case is gone.
  
• You get zero dollars.
  
• You can’t sue.
  

Even if the other driver admitted fault or the injuries are severe. The court doesn’t care once the 2-year line is crossed.

The other guy’s insurance company? They’ll love it. Because now they’re off the hook.

 

How to Protect Your Right to Compensation

You don’t need to lawyer up the second your airbags deploy. But you also can’t sit around forever.

Here’s what you need to do — fast:

• Get medical treatment — Even if you feel okay, get checked. Injuries like whiplash or brain trauma show up later.
  
• File a police report — This becomes your foundational evidence.
  
• Take photos — Of everything. Car damage. Injuries. Skid marks.
  
• Get witness contacts — Their stories can win cases.
  
• Call a lawyer early — Especially if there’s ANY question about fault or coverage.
  

Waiting only helps the insurance company. Want a full checklist? Steps to Take After a Car Accident

 

When Should You Talk to a Lawyer?

Here’s the real answer: if you’re asking this question, the answer is now.

You should definitely talk to a lawyer if:

• The 2-year limit is coming up and you haven’t filed yet
  
• You don’t know if your crash qualifies
  
• You’re confused about what evidence is needed
  
• The insurance company is stalling or lowballing you
  

An Indiana personal injury attorney like Kaushal Law LLC will review your case, preserve your rights, and make sure the deadline doesn’t crush your shot at compensation.

 

Why People Wait (And Why You Shouldn’t)

Some folks delay because:

• “I want to see how bad my injuries get first.”
  
• “I’m still waiting on the other driver’s insurance.”
  
• “I don’t want to deal with court.”
  

But here’s the truth:

The more time passes, the weaker your case becomes.

Memories fade. Witnesses vanish. Evidence gets lost.

If you’re hesitating, ask yourself this — do you want peace of mind or regrets?

 

Get Help Before Time Runs Out

Every week, someone calls a lawyer too late.

Don’t be that person.

Kaushal Law LLC is ready to help now. We’re based in Indianapolis and handle car accident cases across Indiana with urgency, clarity, and grit.

We don’t wait. We act.

And we don’t charge a dime to talk. Book a FREE consultation.

You’ll know exactly how much time you have left — and what you need to do next.

 

FAQs About Indiana Car Accident Deadlines

How long after a car accident can you sue in Indiana?

You have exactly 2 years from the date of the crash to file a lawsuit. After that, your claim expires permanently.

Does the statute of limitations apply to insurance claims too?

Yes. Even if you’re not filing a lawsuit, insurance claims tied to the crash should be submitted well before that 2-year deadline.

What if I didn’t realize I was hurt until months later?

You still have 2 years from the date of the crash. That’s why it’s critical to get checked immediately after an accident.

Can I still sue if I was partly at fault?

Yes. Indiana follows comparative fault rules. But the statute of limitations still applies — you only have 2 years to file.

Is the statute different for a minor in a crash?

Yes. A minor usually has 2 years from their 18th birthday to file, but it’s smart to start sooner to protect the evidence.

 

Kaushal Law LLC
50 91st St #102, Indianapolis, IN 46240
(765) 434-3787

Want real answers and a legal strategy? Book your FREE consultation today with Kaushal Law LLC — Indiana’s most trusted injury attorney.

Looking for more accident and injury insights? Browse the Kaushal Law Blog or learn how Indiana’s Comparative Fault Rule could impact your case.

Don’t guess. Act smart. Call now.